Tim Ayres (NSW, Australian Labor Party, Assistant Minister for Trade) Share this | Link to this | Hansard source

I move:

That these bills be now read a second time.

I seek leave to have the second reading speeches incorporated in Hansard.

Leave granted.

The speeches read as follows—

CREATIVE AUSTRALIA AMENDMENT (IMPLEMENTATION OF REVIVE) BILL 2024

Last year, under the Creative Australia Act 2023, Creative Australia was established as a modernised and expanded entity; a one-stop shop for arts investment, research and sector support at arms-length from the government. Two new parts of Creative Australia—Creative Workplaces and Music Australia—were also established to support Australian artists, arts workers and organisations.

Through its activities to date, Creative Workplaces is fostering positive collaboration between government, industry and the community; and is establishing itself as a central resource for promoting fair, safe and respectful workplaces within the sector. Music Australia has provided direct support to the music industry through initiatives such as providing funding for 32 contemporary music projects as well as 33 international music projects.

The purpose of this Bill is to make the final amendments to Creative Australia which were announced in the Government's cultural policy Revive. Having established Creative Workplaces and Music Australia, this Bill establishes First Nations Arts and Writing Australia within Creative Australia.

Creative Workplaces and Music Australia started in August last year. First Nations Arts will start as soon as possible after the first of July this year following the passage of this legislation. Writing Australia will start on the first of July next year. The phased approach to implementation has allowed for a period of thorough, genuine consultation with both sectors.

First Nations Arts

Extensive consultations were led by Creative Australia were held with First Nations communities in 2023 and the beginning of 2024 and self-determined decision making was seen as a priority.

First Nations Arts will be established as a new part of Creative Australia, with specified responsibilities including supporting and promoting Aboriginal and Torres Strait Islander arts practice.

This Bill will also establish the First Nations Board which, exercising a number of functions, will oversee the work of First Nations Arts. The Board will consist of two Co-Chairs and eight other appointed members with relevant skills and experience. All Board members will be Aboriginal and/or Torres Strait Islander peoples and the Board will have autonomy over the allocation of funds for investment in First Nations arts.

While the Australia Council Board will have oversight of, and may give direction to, the First Nations Arts Board, it cannot give directions to the Board in relation to the making of a decision, in a particular case, relating to the provision of financial assistance.

The Australian Government is committed to recognising and respecting the crucial place of First Nations stories at the centre of Australia's arts and culture. Consistent with this, it is intended that the legislation will enhance opportunities for Aboriginal and Torres Strait Islander artists, arts workers and organisations with funding decisions determined by Aboriginal and Torres Strait Islander people. It will include funding for arts projects, developed and delivered by Aboriginal and Torres Strait Islander artists, performers and companies within the prism of best practice cultural protocols and principles.

As part of this commitment, First Nations Arts will look towards a future with more sustainable career pathways for the arts to thrive, it will develop a First nations Creative Workforce Development Strategy, to not only enter the arts and cultural sector, but to thrive in a sustainable career with enhanced professional and personal development opportunities.

None of this diminishes the general responsibility of Creative Australia to be supporting the telling of all Australian stories, including First Nations stories.

Writing Australia

The Government also recognises the importance of telling Australian stories through literature, while noting that our national reading rates are currently falling.

Much like the music sector, new technologies are disrupting the landscape for writers and modern approaches to supporting careers in literature need to be found. Writing Australia, to be established as a new part of Creative Australia through passage of this Bill, will support and promote the Australian literature sector.

The Writing Australia Council, chaired by the Chief Executive Officer of Creative Australia, will have eight appointed members with appropriate qualifications, knowledge, skills or experience to oversee the important work of Writing Australia.

It is the Government's intention that Writing Australia will become a hub for the sector, to build expertise and partnerships, to support writers and publishers. The Writing Australia Council will support this work and provide informed advice to the Australia Council Board about the responsibilities of Writing Australia.

Conclusion

This Bill continues the work begun by the Creative Australia Act 2023, which established Creative Workplaces and Music Australia, by establishing a further two new bodies: First Nations Arts and Writing Australia.

This is in line with the Government's priorities, which are set out in Revive.

In addition, the Bill also amends the Creative Australia Act 2023 by allowing the Chief Executive Officer to delegate the roles of Chair of the Music Australia Council and the Writing Australia Council to a senior officer of Creative Australia or an Australia Council Board member.

This Bill marks the completion of legislative changes to Creative Australia to enable the delivery of commitments under Revive. It is consistent with the Government's strong commitment to our First Nations art and arts workers and to ensuring our Literature sector is world class and sustainable.

DEFENCE AMENDMENT (PARLIAMENTARY JOINT COMMITTEE ON DEFENCE) BILL 2024

I am pleased to present the Defence Amendment (Parliamentary Joint Committee on Defence) Bill 2024.

The Albanese Government is committed to transparency and accountability. In a Westminster style democracy such as ours, the Parliament plays a crucial role in providing this by scrutinising and debating the decisions of the Executive Government and the implementation of them by departments and agencies.

This scrutiny is important in ensuring the best decision-making, the most efficient and prudent use of taxpayer funds, along with a more informed Parliament and, by extension, public.

The Senate Estimates process has provided useful and necessary scrutiny of Defence—particularly major capability projects—over the years, and it will continue to do so following the establishment of the PJCD.

But in the challenging and complex strategic circumstances we find ourselves in, it's necessary to ensure the Parliament can also examine these projects and Australia's defence strategy in greater detail and in a classified setting, with the appropriate safeguards in place.

This Bill addresses that gap, injecting greater parliamentary transparency, accountability and oversight of the Defence portfolio by establishing a Parliamentary Joint Statutory Committee on Defence, or PJCD.

The establishment of the PJCD implements a recommendation of the Joint Standing Committee on Foreign Affairs, Defence and Trade's Inquiry into international armed conflict decision-making, following a referral from the Deputy Prime Minister and Minister for Defence.

The Inquiry was initiated to deliver a commitment in the Australian Labor Party's National Platform.

The Government acknowledges and thanks the Chair of the Inquiry, the Member for Bruce for his tireless work on the Inquiry and in helping bring the PJCD into existence.

This is not the first time a committee recommended the establishment of a statutory committee dedicated to Defence, but it is the first time a government has taken it up.

The PJCD is modelled on the Parliamentary Joint Committee on Intelligence and Security.

It will supersede and enhance the Defence related functions currently undertaken by the Joint Standing Committee on Foreign Affairs, Defence and Trade.

The PJCD will be able to receive and consider classified information in carrying out its oversight functions, ensuring it has the information it needs to conduct effective scrutiny of Defence and its portfolio agencies, and strengthening government decision-making on defence and strategic policy.

Importantly, the Bill establishes appropriate safeguards that balance the Government's commitment to greater public accountability and transparency for Defence, and the necessary protection of information provided to the PJCD to ensure Australia's national security, and that of our international partners, is protected.

The PJCD will have oversight of the Australian Defence Force, the Department of Defence, the Department of Veterans' Affairs, and certain Defence portfolio agencies, including the Australian Submarine Agency, Defence Housing Australia and the Australian War Memorial.

The Bill sets out its functions, including:

The Committee can receive referrals on matters from Ministers and either House of Parliament. It can also inquire into any matter it might determine relevant to its oversight functions on its own initiative.

In recognition of the significance of establishing a Royal Commission, the Committee will be responsible for monitoring and reviewing on an ongoing basis the Australian Government's response to the findings of any Royal Commission inquiries relating to Defence.

To ensure the independent regulators in the Defence portfolio are able to fulfil their statutory functions, the Committee will also consider the operations, resources, independence and performance of the Inspector-General of the Australian Defence Force, and, once established, the Australian Naval Nuclear Power Safety Regulator.

This is modelled on the relationship between the Australian National Audit Office and the Joint Statutory Committee on Public Accounts and Audit in the Public Accounts and Audit Committee Act 1951. The Committee is not able to direct the regulators, nor review their activities or investigations, in carrying out this function.

The new Committee's functions will not extend to matters that fall within the purview of the Parliamentary Joint Committee on Intelligence and Security within the Intelligence Services Act 2001. This includes oversight of the Australian Signals Directorate, the Australian Geospatial-Intelligence Organisation and the Defence Intelligence Organisation, which will continue to report to the PJCIS.

The existing arrangements for Defence oversight by the Senate Standing Committee on Foreign Affairs, Defence and Trade, including the examination of legislation and of the Defence budget through the Senate Estimates process, remain unchanged.

Similarly, the establishment of the PJCD doesn't prohibit other Committees, such as the Joint Statutory Committee on Public Accounts and Audit, from examining Defence matters as part of its functions.

Instead the PJCD will complement these existing arrangements by scrutinising matters such as the Integrated Investment Program in a classified setting.

As with the Parliamentary Joint Committee on Intelligence and Security, the Prime Minister, in consultation with the Leader of the Opposition, will appoint up to 13 members to the Committee, comprised of no more than seven Government and six non- Government members from both Houses of Parliament.

The arrangements for information handling are closely modelled on those that apply to the Parliamentary Joint Committee on Intelligence and Security.

Committee proceedings will be conducted in a private and appropriately secure setting, unless the Minister has authorised public hearings, with the exception of the Committee's consideration of the annual reports of defence agencies.

The Committee will be able to request and receive classified information and briefings in order to perform its functions. For certain categories of protected information- for example, specific information about highly sensitive military capabilities, tactics, techniques or procedures- the Minister would need to authorise the production of the information to the Committee. The Minister would also need to authorise any subsequent disclosure by the Committee of that information, including in reports to the Parliament.

If necessary, to prevent a witness from disclosing operationally sensitive or other protected information, the Minister can issue a certificate to prevent the provision of such evidence or documents.

Given the protections in place to facilitate the provision of information to the Committee, it is not intended that these powers be used as a routine matter of course. Rather, the intent is that they are used in rare circumstances to protect the most sensitive information and capabilities, of which disclosure to the Committee would cause significant harm.

This Bill sets out a range of criminal offences intended to deter members of the Committee, their staff, staff of the Committee, and other persons who receive protected information in connection with the performance of the Committee's functions, from disclosing or publishing information without specific authorisation from the relevant Minister.

There are also offences to ensure the protection of witnesses requested to give evidence or documents to the Committee.

The offences and penalties in the Bill are reasonable, necessary, and proportionate, ensuring the Committee can obtain the information necessary to apply proper scrutiny and oversight to the Defence portfolio, while helping to ensure the protection of this information.

Where relevant, the offences are consistent with principles set out in the Review of Secrecy Provisions conducted by the Attorney-General's Department in 2023, and the Guide to Framing Commonwealth Offences.

This Bill and the establishment of the PJCD represents an important step forward in Parliamentary accountability and transparency for Defence, and I commend the Bill.

Debate adjourned.

Ordered that the bills be listed on the Notice Paper as separate orders of the day.